A Year Later: Robin Williams’ Family is Still at Odds
Many wealthy people die having done inadequate estate planning, or none at all. This was not the case with late comedian Robin Williams, or so we thought. It seemed that Mr. Williams attempted to spell out his wishes in great detail to avoid family problems and probate court, by creating a sophisticated, tax-efficient estate plan, that included trusts to be managed by people in whom he had confidence. So why, if everything was spelled out clearly, has his family been in an out of court fighting over 300 items, including “memorabilia,” watches, and bicycles?
In his documents, Mr. Williams left an estate estimated at more than $50 million mostly to his wife of three years, Susan Schneider Williams, and his three children, Zak, Zelda, and Cody, from his first two marriages. His estate plan covered everything from his mansion in Napa Valley to his “memorabilia” and awards in the entertainment industry. It provides that his children were left “clothing, jewelry, personal photos taken prior to his marriage to Susan,” and his “memorabilia and awards in the entertainment industry.” His widow, on the other hand, is be able to live in their mansion in Tiburon, California, retain most of its contents, and will be given money for “all costs related to the residence.”
Since it seems everything is covered, why is the Williams’ family still fighting in and out of court? Let’s look at both sides.
Williams’ children claim:
• that the home contents include memorabilia items are designated for them;
• that Susan has refused to allow them to collect the personal belongings left to them in the will, challenged the trust’s definition of certain words, and started expensive renovations on her home;
• that Susan has continued to block their access to the Tiburon home, even as she has allowed others inside. Those others included appraisers who estimated the value of items that the children contend are rightfully theirs and workers who helped design and complete a $30,000 renovation, the court papers contend.
Susan Williams claims:
• The fund dedicated to expenses associated with the residence is being restricted by his children and that “all expenses associated with daily upkeep as well as unexpected renovations and improvements” should come out of the children’s share.
• She had no claim to items like the distinctive suspenders her husband wore on “Mork Mindy,” because they are “related to Mr. Williams’s acting career in the entertainment industry.” But, she should be entitled to other items, like the tuxedo that he wore at their wedding, as well as “Mr. Williams’s personal collections of knickknacks and other items that are not associated with his famous persona.”
• She “became frightened of the co-trustees invading her home,” which is why she blocked their access.
Now, Robin Williams’ estate is tied up in court as the heirs argue the meaning of “memorabilia”. They are also asking for clarity regarding “jewelry” and whether this includes his watch collection or if it is a “collection.” In addition, the sides also need to resolve the value of a reserve fund to allow Susan Williams to maintain the home that the actor left to her.
What it all really means
The current legal issues of the Williams’ heirs probably say more about their relationship than the thoroughness of his estate planning (although it would have been helpful if his trust included a specific dollar amount to be held in trust as a fund to maintain the house that the spouse was allowed to reside in). However, their situation points to the potential problem with tangible personal property. Cash and other liquid investments can be easily divided equally among multiple heirs. A wedding ring, antiques, and other types of tangible personal property that may have sentimental value cannot be divided equally. Therefore, items of considerable value (whether monetary value or sentimental value) should be listed in your estate planning documents with clear directions on how they are to be distributed.
How can you plan for your estate?
A Revocable Living Trust can help anyone who wants to help their loved ones avoid the pain, cost, stress, and publicity of probate, as Mr. Williams had intended. No matter how modest your estate might be, having the right documents in place, and your financial house in order, can make a huge difference to your heirs if something happens to you.
• As with a Will, Revocable trusts can give you flexibility in making changes to your estate plan as needed.
• Revocable trusts also give you the ability to control how and when your loved ones will receive your assets.
• A Revocable Living Trust provides the best way to bypass probate because the Trust owns the property the day it is transferred to the Trust, and Trusts don’t die. Therefore, upon your death, the ownership in the property simply passes via the terms of the Trust, rendering probate unnecessary.
Keep in mind that a Revocable Living Trust does always not eliminate the need for a Will. A Pour-Over Will is still important to pass on any assets you have not transferred to the trust.
In addition, to avoid similar family issues that the Williams’ family is experiencing, it may be wise to supplement your will or trust with side letters of final instructions or guidance memos to clarify your intentions. A side letter of instruction is a non-legally-binding document that provides your family with guidance upon your death on things that wouldn’t necessarily go into a legal document. Guidance memos would include anything that your heirs might want or need to know that wasn’t outlined in your estate plan. The memo could help your heirs avoid hassles and save your family a lot of stress and confusion.
The type of trust that makes the most sense for your family depends on the specifics of your particular family situation. Call us to make an appointment for a no-cost consultation to discuss strategies to fit your family’s situation:
Fairfax Elder Law Attorney: 703-691-1888
Fredericksburg Elder Law Attorney: 540-479-1435
Rockville Elder Law Attorney: 301-519-8041
DC Elder Law Attorney: 202-587-2797
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Are they Senior Moments or is it Dementia?
Becoming more forgetful is a natural part of aging, experts say. Forgetful moments can also be attributed to chronic stress, sleeplessness, depression, and other ailments. Luckily, minor memory lapses that often occur with age are not always signs of a mild cognitive impairment or dementia, but rather the result of normal changes in the brain as we age and/or experience the ailments described above.
Below are some signs of mild cognitive impairment and some signs of dementia. Keep in mind that because mild cognitive impairment may be a precursor to dementia, it’s important to see your doctor or specialist every 6 to 12 months to get checked if you have any of signs of mild cognitive impairment.
Signs of Mild Cognitive Impairment (MCI)
People with MCI can take care of themselves and do their normal activities. MCI memory symptoms may include:
- Losing things often.
- Forgetting to go to events and appointments.
- Having more trouble coming up with words than other people of the same age.
Your doctor can do thinking, memory, and language tests to see if you have MCI. He or she also may suggest that you see a specialist for more tests.
At this time, there is no proven treatment for MCI. Your doctor can check to see if you have any changes in your memory or thinking skills over time. You may want to try to keep your memory sharp by engaging with friends and family and learning new skills.
Signs of Dementia
Memory lapses may look like simple forgetfulness at first but, over time, people with dementia have trouble thinking clearly. They find it hard to do everyday things like shopping, driving and cooking. As the illness gets worse, those with dementia may need someone to take care of all their needs at home or in a nursing home. These needs may include feeding, bathing and dressing.
Unfortunately, dementia comes in many forms and with a myriad of symptoms. The most common type of dementia is Alzheimer’s disease. Other types of dementia include: Lewy body dementia; dementia brought on by Parkinson’s disease; vascular dementia brought on by repeated strokes; Pick’s disease; frontal lobe dementia; frontotemporal lobe dementia; Lewy body dementia, and many others. Click here for a much more complete and detailed list of the different types of dementia. The main thing that all of these diseases have in common is that they cannot be screened for an advance. And, even if they are discovered, there is no treatment that can reverse their course. However, if you are truly worried about how serious your forgetfulness is, you should certainly make an appointment with a doctor to get tested, as early detection is important for planning for long-term care and participating in trials to help stave off the disease and possibly find a cure. Please read our blog post that explains more about the importance of early detection.
A Helpful Tool to Differentiate Between Normal Aging and Cognitive Decline
A recent test developed by researchers at Washington University in St. Louis consists of eight yes-or-no questions that assess whether there has been a marked change over time in the person’s behavior as seen through a series of scenarios. If you answer yes to two of them, then it may be the first signs of MCI or dementia. Called the AD8 Interview, the test can be given to you, your spouse, or your children to assess your cognitive status.
How to Deal with Senior Moments
Forgetting important things can be annoying and embarrassing. Whether it is simply a Senior Moment of is actually due to MCI or the early stages of dementia, below are four most common memory complaints and tips for dealing with them:
1. Remembering names and faces: You recognize the face, but can’t recall the name.
Advice: As soon as you meet someone, try to associate his or her name with something familiar. If, for example, you’re introduced to Mr. Gray and he has gray hair, you can think, “Gray has gray hair.”
2. Tip-of-the-tongue problems: You can’t think of the name of the movie you saw last night — until you’re driving home from the dinner party where you made a fool of yourself struggling to remember it.
Advice: Write down (on paper or on your smartphone) the name of the movie and as many words as you can associate with it. That simple exercise will allow you to access those words the next time and make it easier to remember the movie title (or whatever it is that’s on the “tip of your tongue.”)
3. Memory places: Forgetting where you put things can be solved simply by always putting them in the same place every time you put them down.
Advice: If you can’t put your keys or your wallet down in its usual home, then say to yourself as you’re putting it down, “I am putting my keys on the nightstand.”
4. Prospective memory: If you forget to bring things to appointments, or walk out of the house without what you need for an important meeting, then the fix is to slow down.
Advice: Check your calendar at the same time and in the same place each day. Before you leave your house, think through what’s involved in what you are going to do.
What Can Family Members Do to Help?
If your family member or friend has a serious memory problem, you can help the person live as normal a life as possible. You can help the person stay active, go places, and keep up everyday routines. Some families use the following things to help with memory problems:
• Big calendars to highlight important dates and events.
• Lists of the plans for each day.
• Notes about safety in the home.
• Written directions for using common household items (most people with Alzheimer’s disease can still read).
Planning in Advance While Your Mind is Sharp
Many people delay estate planning, incapacity planning, and long-term care planning partly because it’s unpleasant to contemplate our own mortality, and partly because younger adults believe such paperwork isn’t necessary until they reach old age. However, failing to plan or waiting too long or until your cannot make sound decisions can have catastrophic consequences:
• Incapacity planning: A common belief is that if we become unable to make decisions for ourselves, our family will decide what is best for us. This can lead to difficult and emotionally charged situations or your wishes not being met if you or a loved one becomes incapacitated and having to go through lifetime probate, which could easily be avoided with proper Incapacity Planning.
• Estate planning: Estate-planning mistakes can be costly, even among those who are fiscally prudent. Any number of oversights can leave you vulnerable in the event of an untimely death. Others can seriously compromise the amount your heirs will inherit when you die. Read our blog post, “The Five Biggest Estate Planning Mistakes” for more details.
• Long-Term Care Planning: Nursing homes in the Metro DC area cost $12,000 to $14,000 a month. It is important to protect yourself and your loved ones from having to go broke to pay for nursing home care, while also helping ensure that you or your loved ones get the best possible care and maintain the highest possible quality of life, whether at home, in an assisted living facility, or in a nursing home.
As you can see, to ensure your wishes are met, it is important to start your planning while your mind is still sharp and your judgment is sound, so you are prepared in advance if a crisis occurs. If you have not done Incapacity Planning, Estate Planning, or Long-Term Care Planning, or if you have a loved one who is nearing the need for long-term care or already receiving long-term care, please contact us for a no-cost consultation:
Fairfax Elder Law Attorney: 703-691-1888
Fredericksburg Elder Law Attorney: 540-479-1435
Rockville Elder Law Attorney: 301-519-8041
DC Elder Law Attorney: 202-587-2797